For those who wanted updates on my soap opera (first seen here http://forums.taunton.com/tp-breaktime/messages?msg=70276.6&redirCnt=1  )

I was awarded a summary judgement today for $110,000.   The first contractor defaulted then went to court twice to ask for reinstatement and lost.   His attorney dropped him, undoubtedly because he wasn’t being paid.  

Under CA law,  a contractor who is unlicensed at any time during the project is not entitled to one red cent no matter how much was done or how well it was done.   So this amount is everything I paid him,  including 10% interest.   He removed his name from the title of his home so we now file a fraudulent conveyence lawsuit so I can put a lien on the home.   I’m very patient as long as interest is accruing.  Then I file a complaint with the Contractors Board so they will take his reinstated license away from him until he pays.   Meanwhile his credit is destroyed, I imagine.  He blustered that he had nothing to go after so he didn’t care if he was sued.   A title search showed that he did have something to go after.  What a surprise to his wife….the house was given to her by her grandfather. 

The second contractor did not settle in mediation because she found out that the insurance company wasn’t going to cover everything although the company has been paying her defense.    The mediator talked to them once and came in and said it would not settle because she was in shock and could not deal with anymore information than what she had just received.  He also said that if it went to trial I would prevail (they are not disputing damages…just the amount).   My attorney who never had any interest in trial before this said we are going to trial.   The mediation judge also informed us (adding to the contractor’s shock) that I could get attorney’s fees at trial.  In CA if the contractor includes an attorney’s fee for him/herself in the contract the contractee is automatically covered for the same thing.   So she thought she had written me out by not including me the same protection she gave herself.  Surprise!  The judge also said it is becoming more common for insurance companies to pay out but then go after their clients for money.   Doesn’t sound like a very good environment for the good guys.

The irony with both of these crooks is that if they had dealt with me immediately as I tried to get them to do….I would have never known the extent of the damage (or thievery) until it was too late.  They both could have gotten away with paying a fraction of what I am going after now.

And that is my Tale of Two Contractors so far.